In addition to other uses specifically identified elsewhere in this title, the following are conditional uses allowed in the B-1 Downtown Business District by the issuance of a conditional use permit based upon procedures set forth in and regulated by Chapter 196 (Conditional Use Permits) of this title.
(A) Amateur radio service antennas and towers and personal wireless service antennas as regulated by Chapter 214 (Towers, Antennas, and Telecommunications Facilities) of this title.
(B) Bed and breakfast establishments.
(C) Daycare facilities as a principal or accessory use as regulated by § 205.21 (Daycare Facilities) of this title.
(D) Auto and boat repair, auto glass, muffler and upholstery shops, tire recapping and supply stores, and vehicle (automobiles, boats) storage for new or used vehicles (this does not include dismantling or wrecking) and parking and/or commercial storage of vehicles; need not be enclosed, provided:
(1) Not less than 25% of the lot, parcel, or tract of land shall remain as landscaped green area according to the approved landscape plan;
(2) The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous material or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a stormwater drainage system, and is subject to the approval of the City Engineer;
(3) The hours of operation shall be between 7:00 a.m. and 6:00 p.m. Evening hours of operation shall be subject to the approval of the City Council;
(4) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended;
(5) The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7011, as amended;
(6) All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code;
(7) All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired, and vehicle parts and accessory equipment must be completely inside a principal or accessory building; and
(8) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions.
(E) Buildings combining residential and nonresidential uses allowed in this district, provided that:
(1) The residential and nonresidential uses shall not conflict in any manner;
(2) No such residential use will be permitted on the main floor of any commercial or business building. For the purpose of this section the main floor shall be that floor fronting upon the street providing access to the business. If a building has more than 1 floor fronting on different streets, the main floor shall be considered that floor which fronts on the street serving the majority of the businesses on that block; and
(3) The residential design and construction standards as regulated in § 224.10 (Design and Construction Standards) of this title are met.
(F) Commercial car washes (drive through, self-service and mechanical) provided that:
(1) A car wash that is accessory to a convenience store/motor fuel facility shall be included as part of the principal building;
(2) Magazine or stacking space is constructed to accommodate 6 vehicles per wash stall and shall be subject to the approval of the City Engineer;
(3) Magazine or stacking space must not interfere with on-site circulation patterns or required on-site parking or loading areas;
(4) Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title;
(5) Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer, and vacuum machines;
(6) The location and operation of vacuum machines must not interfere with magazines or stacking areas, on-site circulation, or on-site parking and loading areas, and may not be located in a yard abutting residentially zoned property; and
(7) Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the City Engineer and Building Official, and subject to applicable requirements of Metropolitan Council Environmental Services and MPCA.
(G) Drive-thru type commercial establishments as regulated by § 205.23 (Drive-Thru Businesses) of this title.
(H) Essential services involving transmission pipelines and transmission or substation lines in excess of 33kV and up to 100kV, as regulated by § 205.05 (Essential Services) of this title.
(I) Fitness centers limited to 2,000 square feet of gross floor area or less provided that:
(1) Adequate off-street parking and off-street loading shall be provided in compliance with Chapter 210 Off-Street Parking) and Chapter 211 (Off-Street Loading) both of this title;
(2) The total number of stations shall not exceed one per 100 square feet of gross floor area;
(3) The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses; and
(4) Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m. unless otherwise allowed by the City Council.
(J) More than 1 principal building on 1 lot of record, provided that:
(1) Lot requirements. The lot shall conform to the minimum lot area, lot width, and setback requirements of § 225.08 (Lot Requirements and Setback) of this title;
(2) Setbacks. Setbacks between multiple principal buildings within the same base lot shall be a minimum of 20 feet;
(3) Common areas. All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the following ways:
(a) All of the property including buildings and common areas shall be owned by a single entity;
(b) Condominium ownership pursuant to M.S. § 515A.1-106; and
(c) The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements:
1. The tenant space related to each unit lot shall have an exclusive exterior entrance; and
2. A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the City Attorney.
(4) Utilities.
(a) Underground or exterior service. All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right-of-way.
(b) Public utility service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer.
1. Water connection. A shutoff valve for each individual unit shall be provided.
2. Sewer connection. Where more than 1 unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners.
(K) Nursing homes and residential care facilities provided that:
(1) Side yards are double the minimum requirements established for this district and are screened in compliance with § 213.04 (Required Screening and Landscaping) of this title;
(2) Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with § 213.04 (Required Screening and Landscaping) of this title; and
(3) All state laws and statutes governing such uses are strictly adhered to and all required operating permits are secured.
(L) Planned unit developments as regulated by Chapter 217 (Planned Unit Developments) of this title.
(M) Religious institutions such as churches, chapels, temples, and synagogues, including social services.
(N) Theaters, indoor.
(Ord. 2011-06-07A, passed 6-7-2011)